1. The borrower is between 18 and 65 years old, the loan term plus the borrower’s age cannot exceed 70 years, and the age of the property plus the loan term cannot exceed 40 years.
2. The borrower has a good credit record. The number of overdue loans cannot exceed "three or six in a row" within two years, and there should be no more than 8 overdue records at most. The credit report is neither black nor white, nor bad nor bad.
3. The job and economic income are stable, the debt ratio does not exceed 70, and there are no illegal activities or bad credit records.
4. Other conditions specified by the bank.
What are the precautions for off-plan mortgage loans?
1. The mortgagor is the pre-purchaser of the off-plan house.
In the off-plan mortgage, the mortgagor can only be the pre-purchaser, not the developer of the pre-sold house. In real life, due to the huge funds required for real estate development, in order to obtain development funds, developers mortgage their land use rights and projects under construction as the subject matter to banks to obtain loans. It must be clear that this legal act is "mortgage of projects under construction". "That is, the mortgage is set when the house has not yet been sold, rather than the mortgage of the off-plan house. For commercial houses that have been pre-sold, developers cannot set any more mortgages. Because, if real estate developers are allowed to re-mortgage houses that have been pre-sold, it will inevitably cause a conflict between the purchase right of the pre-purchaser and the mortgage right of the developer, so that the subsequent mortgage right will hinder the realization of the prior purchase right. According to the theory of property law, property rights that arise later cannot interfere with property rights that arise earlier, so the mortgage rights that occur later cannot be established. This is why real estate developers cannot set up mortgages on their off-plan properties.
2. A valid commercial housing pre-sale contract must be signed.
Since the off-plan mortgage contract is a subordinate contract that guarantees the main contract, it must be based on the validity of the main contract. This main contract is the commercial housing pre-sale contract. The validity of the commercial housing pre-sale contract must include: on the one hand, the pre-purchaser and the pre-seller have signed an off-plan contract and paid a certain proportion of the purchase price as stipulated in the contract; on the other hand, the developer's pre-sale behavior must comply with legal provisions. Article 44 of my country’s Urban Real Estate Management Law stipulates: “Pre-sale of commercial housing must meet the following conditions: (1) All land use rights transfer fees have been paid and the land use rights certificate has been obtained; (2) Construction project planning license has been obtained ; (3) Based on the commercial housing provided for pre-sale, the funds invested in development and construction have reached more than 25% of the total investment in project construction, and the construction progress and completion delivery date have been determined; (4) To the people at or above the county level The government real estate management department shall handle pre-sale registration and obtain a commercial housing pre-sale license.”
3. Mortgage registration is required for off-plan mortgages.
Full-time mortgage belongs to the category of real estate mortgage. According to the relevant provisions of my country's Real Estate Management Law and Guarantee Law, within 30 days from the date of signing a real estate mortgage contract, the mortgage parties shall go to the real estate management department where the real estate is located to register the real estate mortgage. The creation of property rights should follow the principle of publicity. There are two ways to publicize property rights: delivery and registration. Since an off-plan mortgage does not transfer the possession of the mortgaged property, it cannot be delivered in the form of public announcement, but can only be in the form of registration. Mortgage registration is a necessary way for mortgage rights to gain credibility. It is of great significance for giving full play to the guarantee function of mortgage, maintaining transaction security, and protecting the interests of third parties. An off-plan house mortgage is a mortgage on a house that has not yet been built. Due to the special nature of the mortgage, the registration authority should record it in the contract. If the mortgaged real estate is completed during the mortgage period, the party concerned shall re-register the real estate mortgage after the mortgagor receives the real estate ownership certificate.